This website is operated by Stella Shared Spaces Private Limited (hereinafter referred to as "the Company", “we”, “us” and “our”) and the terms "Visitor" or "User" refers to the users who visit this website and uses the services offered on the websites. The terms "website", "App", "Application" or "Cosmofeed" individually and collectively refers to the website [https://www.cosmofeed.com/](https://www.cosmofeed.com/) or its application on mobile as available on the Google Play Store or iOS Platforms or such other services offered directly or indirectly by the Company through the referred website or application or any other source whether existent at the time or not and are collectively and inclusively referred to as "Cosmofeed Platforms". The Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, mobile application users and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or its mobile application or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page and it is advisable that you visit this page periodically to update yourself with the terms and conditions for the use of the services provided by Cosmofeed as they are binding in nature on anyone and everyone who uses its services. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website and it is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes irrespective of whether you have read or accepted the revised terms and conditions for the use of services provided by the Company through Cosmofeed. The Company shall whatsoever in no situation or circumstance be held responsible for the user being unaware of the updated terms and conditions for the use of services offered on Cosmofeed. **1. Introduction** 1.1 Stella Shared Spaces Private Limited is a Private Limited Company incorporated and existing under the Indian Companies Act, 2013, having Corporate Identification Number (CIN) - U74999KA2019PTC121964 and its principal place of business at No. 20, 4th Floor, Vishnu Towers, 9th Cross, ITI Layout, 1st Phase, JP Nagar, Bangalore - 560078, Karnataka, India (hereinafter referred to as "the Company", “Cosmofeed”, “we”, “our”, “us”). 1.2. The Company offers on the website [https://www.cosmofeed.com/](https://www.cosmofeed.com/) (hereinafter “Cosmofeed”, “we”, “our”, “us”) an internet platform which enables registered users (hereinafter referred to as "visitor", "seller", “You”, “user” and "Your") to quickly and easily sell digital content and services over the internet, using our software and other services. 1.3 The following general terms and conditions (hereinafter referred to as "agreement", "document", "understanding" and/or "record") shall apply to all contracts of use (hereinafter referred to as "contracts") which are concluded between Cosmofeed and You via the Cosmofeed platform. Agreement regulates Your use of any products and services provided by Cosmofeed (hereinafter: the "Service"). This document/agreement/understanding is an electronic record in terms of Information Technology Act, 2000 read with the rules and regulations made thereunder (including any enactments, amendments or re-enactments thereof) and does not require any physical or digital signatures. 1.3 Deviating general terms and conditions of the client shall not apply to agreements unless Cosmofeed expressly agrees to their application in writing. 1.4 By using the Service in any way, You acknowledge, represent and warrant that You have reviewed and accepted this Agreement and, if You have indicated that You act on behalf of an entity, You are authorized to act on behalf of such entity. 1.5 If You do not wish to be bound by this Agreement, do not use, access or register with the Service. 1.6 User while using the services of the Cosmofeed confirms that they are of minimum age of 13 years old and for subscribing and payments to Cosmofeed for use of any services on Cosmofeed Platform the user confirms minimum age of 18 years old or are of age of more than 13 years old and confirm that the subscription and payments were made with the consent of their parents or any direct guardian who is of attained the age of 18 years. **2. Service** 2.1 As a service provider we offer the internet platform Cosmofeed, on which sellers can offer digital content and services of all kinds (hereinafter "offers"), provided that their offers, the acquisition or a publication does not violate legal provisions of any act(s), rule(s), regulation(s), law(s) or by-law(s) of India and such other sovereign nation or country where Cosmofeed is available for the services to its users and is whether in force at the time of publication of such digital content or then after for the time when such digital content is available on Cosmofeed Platform and / or our terms and conditions and terms of use. The Company reserves the right to pull down such digital content which in its view is a violation of any law or of its own terms and conditions or terms of use. 2.2 The Company, as operator of Cosmofeed, is not liable for the business connections established via Cosmofeed and the claims arising therefrom. 2.3 As a service provider, Cosmofeed may advertise the posted sales offers of the sellers and make them available to buyers and third parties so that they can advertise the offers on other websites, social media applications, software applications and other channels. 2.4 Website Seller may use the Service to build their own website (the "Website") subject to the terms and conditions of this Agreement and any policies of Cosmofeed as in force from time to time as posted on the website of the Service at https://cosmofeed.com or available on its application or such other sources. Unless agreed to the contrary, the Service will be hosted by Cosmofeed and may have its own dedicated Internet domain name (agreed separately with seller and provided by the seller). Cosmofeed only provides the Service for the purpose of enabling the seller to build the Website. Cosmofeed does not operate the Website in any way and does not assume any responsibility or liability for any business, transactions and activities carried out in the Website. The seller is responsible for determining the theme, contents, focus and business idea of the Website. The Website may not be used for business, transactions and activities that are illegal. Furthermore, the seller agrees not to use the Service in any other way that harms or may harm the reputation of Cosmofeed, or which may endanger the provision of the Service to other parties. Such activities include, but are not limited to, any unauthorized load testing, security testing or any other use of the Service that causes an unreasonable load on the resources used by Cosmofeed to provide the Service. 2.5 The seller is solely responsible for providing the required terms of use, terms of sale, other terms as well as legally mandated documents (including without limitation privacy policies) applicable to the use of the Website by the end-users of the Website (together the "Website Terms"). The seller shall ensure that the Website Terms are available to the end-users of the Website at all times and that such end-users have accepted and shall comply with the Website Terms. The seller may determine the actual terms and conditions of the Website Terms, but the seller is solely responsible for ensuring that such terms and conditions comply with all applicable laws, rules and regulations and the terms and conditions of this Agreement at all times. 2.6 The seller is solely responsible and liable for the Website and any business, transactions and activities carried out on the Website. The seller is solely responsible for any content created for or posted on the Website and understands that Cosmofeed does not control such content. Without limiting the foregoing, the seller is solely responsible for operating the Website in accordance with all applicable laws, rules and regulations and the terms and conditions of this Agreement. Cosmofeed reserves the right to remove any and all content from the Website or temporarily suspend the Website when such removal or suspension is necessary to remove content that is not compliant with the terms and conditions of this Agreement from the Website. 2.7 The seller is solely responsible for ensuring that the personal data relating to the end-users of the Website is collected and processed in accordance with all applicable laws. All processing of personal data by Cosmofeed on the seller's behalf shall be subject to the Data Processing Agreement between the seller and Cosmofeed. The said Data Processing Agreement is incorporated by reference to this Agreement here. 2.5 Creation of offers by the seller - By creating and posting an offer in Cosmofeed, the seller makes a binding offer to conclude a contract for the sale of digital goods or services and the seller is responsible for ensuring that the offers they posts do not violate legal regulations and the rights of third parties. In particular, the seller is responsible for ensuring that the offers posted by them, their description, advertising and distribution do not violate copyrights and ancillary copyrights, industrial property rights, such as trademarks, patents, utility models and design patents, as well as other rights, such as rights to a name and personal rights or morality. The offers for sale and the photographs used may only refer to the offers offered. A reference and links to other offers is inadmissible. In particular, it is inadmissible to post items that are not available and to initiate and receive payments for purchases that have not been made. 2.6 Commercial sellers are obliged to provide the legally required mandatory information in their sales offers. In particular, the required consumer protection information is to be identified, such as instructions on the statutory right of withdrawal, price information in accordance with the Price Indication Regulation (eg information on GST or such other taxes as maybe applicable), legally required provider identification. The seller is furthermore responsible for incorrect information (e.g. pricing, product descriptions, sizes and quantities). 2.6 Order processing by the seller - The seller is exclusively responsible for its terms of sale. The obligations for the execution of the contract (transfer of ownership of the purchased goods and services to the buyer, proper and timely shipment) are also the exclusive responsibility of the seller. The seller is exclusively responsible for the reversal of the contract in case the buyer revokes, disputes or otherwise withdraws from the contract. Cosmofeed is not obliged to accept returns from a buyer. A complete verification or control of the data deposited by the buyer for the execution of the purchase contract is not possible by Cosmofeed, because a verification of the data deposited for a purchase by the buyer is only possible to a limited or restricted extent. Despite multiple security precautions on the part of Cosmofeed, it cannot be ruled out that false or illegally obtained contact data can be deposited by a buyer during a purchase. 2.7 Payment processing - The seller may use a third-party payment account to receive payments. Cosmofeed specifies on its website and software which third-party payment providers can be used with Cosmofeed. Cosmofeed beholds to reject any third-party payment provider suggested by the seller. The selection of available payment options varies depending on the country in which the seller is located. By creating an account with a third-party payment provider, the seller agrees to a contract with the third-party payment provider. In that case terms and conditions of the third-party payment provider shall also apply and shall be independent to the terms and conditions as stated in this Agreement. The seller agrees that such terms and conditions of the third party payment service provider applicable in whatsoever manner shall not dilute or nullify the responsibility of the seller or in any manner result in violation of the terms and conditions of this agreement or in no manner make Cosmofeed liable to any party with whom the seller is under contract and/or obligated for performance of contract. 2.8 The seller shall, where applicable, inform the buyer of the applicable terms of use of the service of the third-party payment provider prior to the conclusion of the contract. We reserve the right to delay, suspend or reject a transaction initiated by a buyer, or to block the Cosmofeed account, if our internal controls suspect that a transaction or account is being used in an unauthorized, fraudulent or otherwise unusual manner. 2.9 The seller/the user of the services or digital content hosted on the Cosmofeed Platform confirm that they shall not host directly or indirectly any content which supports or aggravates hate speech, harasses or bullies any individual or identified groups or is derogatory to any specific religion or caste and does not promote any activities which are not legal in the eye of the law of land or in any manner does publication of personal information of any individual or entity which otherwise without the consent of such individual shall not be accessible or available and shall refrain or avoid from carrying out any such activities which shall result in impersonation of any other individual or group of individuals or entity or harm the intellectual property rights of any other person whether intentionally or otherwise or promotes activities such as spamming, hosting of malware, endorsement by Cosmofeed unless expressly confirmed by Cosmofeed or results in degradation of other users experience of Cosmofeed. 2.10 The seller/the user shall refrain from data mining on the portal or share third party content with an expressive right to share such content on the Cosmofeed Platform or reverse engineer any of the service or products provided on the Cosmofeed Platform. **3. Fees and payment terms** 3.1 Pricing: We believe that Sellers, being the content creators, must have full the liberty to decide the pricing of the Content offered by them; hence, Sellers are exclusively responsible for establishing and setting the prices for the Content offered by them on the Platform at their sole discretion and Cosmofeed is not responsible for the same. 3.2 Platform Service Charges: As mentioned in the beginning of this Agreement, Registration and account creation on Cosmofeed comes at zero cost to both Sellers and Users. But, when Sellers create and publish an offering on the Platform, Cosmofeed charges 10% (ten percent) on top of the Fee set by the Seller for making available the Services with all its features on the Platform (referred to as the “Platform Service Charge”). Cosmofeed as a Platform only charges platform fee from the users to access the Platform, but to access the Content offered by the Seller, Users are required to pay the Fee set by the Seller. 3.3 Payments: With an intent to have a more user-friendly transaction model for payment, we use third-party payment processors to process payments for products, services, or other content purchased through the Platform. We use Razorpay Software Private Limited (“Razorpay”) for Sellers situated in India. As You may know, Razorpay are third-party service providers, and third-party service providers (like Razorpay) may also charge You fees to use or access their services and require Your personal data to complete any transaction for the Platform. Hence, prior to using Razorpay, we suggest that You read Razorpay’s terms and conditions (https://razorpay.com/privacy/), privacy policy and other policies, that may apply, to understand as to how Your data is being processed. Cosmofeed is not affiliated with Razorpay and neither Cosmofeed nor Razorpay are agents or employees of the other. 3.4 In purchasing products or services through the Platform, a User may be redirected to an external website operated by Razorpay (as applicable). We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by Razorpay or its respective websites or (ii) control collection or use of Your personal information by Razorpay. You agree that You are solely responsible for all charges that occur through Razorpay and acknowledge and agree to indemnify, defend, and hold harmless Cosmofeed, its licensors, their corporate affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Platform or any purchases made through the Platform. This obligation will survive Your use of the Platform and termination of the Agreement. For purposes of this Agreement, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). Cosmofeed shall not be liable to You for any claims arising out of any act or omission on the part of Razorpay (as the case may be) including, but not limited to, any lost, stolen, or incorrectly processed payments. Cosmofeed expressly disclaims any responsibility and liability for all services provided by Razorpay. 3.5 Payments with respect to Sellers: To publish Your Content on the Platform or to create premium groups and collect the applicable Fees determined by You, You will need to create an account with Razorpay (as applicable based on Your territory). When You use Razorpay, You agree to their respective terms and policies. Razorpay may charge a service fee to Sellers on each transaction, and we suggest that You review Razorpay’s terms from time to time to fully understand these charges. By using Razorpay, You agree that any personal information provided by You or automatically collected from You by Razorpay will be governed by the privacy policy, terms of use, or other applicable terms and conditions established by Razorpay respectively and as applicable. Razorpay will collect the amounts paid by the Users and distribute it between You (i.e., the Seller) and Cosmofeed (we get only the Platform Service Charge mentioned above). Razorpay will generate and send invoices on Your behalf to the Users for the entire Fee and You will receive invoices too on behalf of Cosmofeed for the Platform Service Charge only. Also, please note the below terms - - In respect of Your transaction, You are solely responsible for all applicable Goods and Services Taxes (‘GST’), EU Value Added Taxes (‘VAT’), costs, filings, and any other activities that may arise as a result of sales of Your Content using the Platform. Neither is Cosmofeed responsible to nor does it collect, pay, remit or otherwise pay on Your behalf, the taxes owed by You (including GST or EU VAT) on Content You sell through the Platform. - You set the Fee of each Content published and group created on the Platform at Your sole discretion and without any input from Cosmofeed. - All invoices made to Your Users through Razorpay shall indicate that You are the supplier of the Content. - As stated, Razorpay are third-party service providers, hence, neither is Cosmofeed a party to the authorization process nor is Cosmofeed responsible for authorizing credit card charges through Razorpay. - You are responsible for Your Content's terms and conditions and are not bound by our refund policy, if any. - Cosmofeed has no responsibility to accept or reject Content enrolments should there be any issues with payments. 3.6 Payments with respect to Users: To sign-up for any Content, paid event or premium group, You will need to pay the Fee determined by the respective Seller, which shall be processed by Razorpay as explained above. Your payments may be subject to applicable taxes, so we suggest that You read terms and policies of Razorpay to understand the same better. Further, please note that Cosmofeed is only an intermediary between You and the Seller; in other words, we are only facilitating the transaction between You and the Seller through the Services offered on the Platform. Hence, we are not responsible for the Content of the Seller, the Fees, payment processing or refunds. Your enrolment for any Content, event or group is subject to the terms and conditions determined by the respective Seller, at their sole discretion without suggestions from Cosmofeed. Should You face any issues in this regard, please reach out to the respective Seller to resolve the same. 3.7 For any service or product hosted by the seller on the Cosmofeed Platform such seller shall be solely responsible and in the event of any law is violated by the user/the seller or the users of the services or products hosted on the Cosmofeed platform by the seller in such event the seller/the user shall solely be responsible and in case of any liability arising on the Company because of such violations as stipulated above the seller/the user, as the case maybe, agrees to indemnify the Company of such liability. This being stated, in whatsoever manner, it shall not be the responsibility of the Company to perform time-to-time checks or audits or due-diligence for the contents or products or information or services hosted or provided by the seller/the user using the Cosmofeed Platform however the Company shall maintain a check and in the event any such violation is observed/reported to the Company then in such event the Company reserves its right to delete or suspend such information or service or content for temporary or permanent period. In the event of repeated offences, the Company reserves the right to temporarily/permanently lock or delete the account of the seller/the user. 3.8 Any income generated by the user/the seller by way of providing or hosting of services or content or tools on Cosmofeed Platform shall be taxable in the hands of the seller/the user and that the Company shall not be responsible for the deduction of any taxes at sources or payment of taxes on such income unless otherwise stipulated under law. In the event of any liability whether statutory or non-statutory (including penalties or interest amounts levied thereon) in nature arising on the Company due to the income earned by the seller/the user, in such event the seller/the user shall be responsible for indemnifying the Company of such liabilities. 3.9 Any fees, charges or other amounts charged by the Company to the user/the seller for the use of the Cosmofeed Platforms shall be paid by the user/the seller and shall be non-refundable in nature unless the Company at its own discretion expressly agrees to provide any refunds. **4. Conclusion of the contract between the seller and Cosmofeed** 4.1 To use Cosmofeed, the seller must first create a Cosmofeed user account (hereinafter “account”). The registration to Cosmofeed is free of charge. 4.2 The seller chooses a unique seller name and URL during registration. The seller name must not violate the rights of third parties or other name or trademark rights or morality and must not be misleading. The seller is obliged to keep the password entered during registration secret and not to pass it on to third parties. The seller shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of his password. 4.3 Only natural persons of full age and unrestricted legal capacity or legal entities, partnerships or non-profit organizations may register. In general, each seller may only have one Cosmofeed user account. 4.4 The offer provided on Cosmofeed to use the Service does not constitute a binding offer by Cosmofeed. By confirming the creation of the account, the client first submits a binding offer to conclude a contract for the free use of the software. Cosmofeed can accept this offer by setting up and granting access to the account or by sending a message to the e-mail address provided with the access data for the set up account. **5. Service Levels** 5.1 Cosmofeed will use its reasonable commercial efforts to keep the Service available 24/7 with an uptime percentage as high as possible. 5.2 When calculating the monthly availability, any downtime of the Service shall not be taken into account if it is caused by any of the following: - Factors outside of Cosmofeed reasonable control, including any force majeure events; any reason attributable to any third party used in provision or in connection to providing the service, e.g. payment gateways, hosting providers, name server provider etc.; - any actions or inactions by the seller, any party acting on seller’s behalf, or any other third party; - planned maintenance. This Section 5 sets out the entire liability of Cosmofeed and the seller's sole remedy for any downtime of the Service. For the avoidance of doubt, Cosmofeed assumes no liability as regards any downtime of any Service offerings that are made available to the seller free of charge. **6. The seller's cooperation services** 6.1 The following cooperation services are the main service obligations of the seller and are not to be classified solely as secondary obligations or duties. 6.2 The seller is obliged to ensure the technical requirements on their own. 6.3 The connection to the Internet in sufficient bandwidth and latency is the responsibility of the user. **7. Intellectual Property Rights** 7.1 Any and all intellectual property rights to the Service remain the sole and exclusive property of Cosmofeed or third parties. Cosmofeed grants the seller a non-exclusive, simple, non-transferable right to use the booked software, which is limited to the duration of the contract. 7.2 The seller undertakes to use the software exclusively in accordance with this agreement and not to make it available for use by third parties. 7.3 Any and all intellectual property rights to any material the seller has provided to the Website shall remain seller’s sole and exclusive property. The seller grants Cosmofeed a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, copy, reproduce, modify, make available and distribute such material for the purpose of making available the Service. 7.4 Any and all intellectual property rights to any material provided by end-users of the Website shall remain the property of such end-users or third parties. The seller undertakes to ensure, in the Website Terms, that such end-users grant (and have the right to grant) to the seller a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, copy, reproduce, modify, make available and distribute such material so that the seller may grant a similar license to Cosmofeed for the purposes of making available the Service. The seller hereby agrees to grant such licenses to Cosmofeed as the seller acquires such rights herself from the end-users or from other third parties. 7.5 The seller may, at any time during the term of this Agreement, request that Cosmofeed provides them with a copy of the material provided by them or by the end-users of the Website. Such material shall be provided by making it available to the seller in a reasonable manner separately agreed by the seller and Cosmofeed. Cosmofeed shall have the right to invoice the seller any reasonable expenses incurred by Cosmofeed as a result of making the material available to them. **8. Start of contract and termination** 8.1 Cosmofeed reserves the right to block and/or extraordinarily terminate a user account, with immediate effect, if the user violates legal regulations, these terms of use or violates the rights of Cosmofeed or third parties. 8.2 The seller is entitled to terminate the Cosmofeed user contract at any time. As soon as there are no more open transactions or open payments, the seller account will be closed. The seller's account will be blocked when the cancellation becomes effective. 8.3 Cosmofeed may terminate the user contract with a seller with a notice period of 14 days. Sellers whose user contract has been blocked or terminated are prohibited from using or opening other user accounts. The blocking or termination of a user account has no effect on contracts already concluded via Cosmofeed and the resulting contractual obligations. 8.4 The right of both contracting parties to terminate the contract for good cause remains unaffected. **9. Indemnification** The seller indemnifies Cosmofeed, its affiliates, subsidiaries, directors, officers and employees (collectively "Indemnified Person(s)") from all claims that buyers or other third parties assert against Indemnified Person(s) due to infringement of their rights by the sales items or other content posted by the seller on Cosmofeed or by breach of the terms and conditions of this Agreement. The seller shall bear the costs of the necessary legal defense of Cosmofeed in the statutory amount. This does not apply if the seller is not responsible for the infringement. In the event of a claim by a third party, the seller is obligated to immediately and completely provide Cosmofeed with all information that is necessary for an examination of the claims. **10. Limitation of liability** 10.1 We endeavour to enable the continuous availability of our platform for the sellers, but cannot guarantee the continuous availability or error-free functioning of our platform. In particular, in the event of necessary maintenance work, security or capacity concerns as well as events beyond our control, downtimes may occur that are not foreseeable. We will always endeavour to keep downtimes as short as possible in such cases. The seller shall not be entitled to any claims for compensation due to downtimes. 10.2 By sending an automated receipt to a buyer after the purchase, Cosmofeed in no way assumes responsibility for the invoicing of the offers provided by the seller, but acts exclusively in a supporting capacity. Furthermore, the seller as the taxpayer is solely responsible for sending invoices to buyers that correspond to seller’s local tax requirements. (the seller herself is responsible for correct invoicing). Therefore, Cosmofeed shall not be liable for the correctness of the invoices issued by the seller. 10.3 Cosmofeed shall not be liable for damages incurred by the seller due to the improper use of the Cosmofeed platform or the provision of incorrect data, data input, data transmission or data processing. 10.4 Cosmofeed shall be liable without limitation for intent and gross negligence. In case of breaches of essential contractual obligations caused by Cosmofeed or its legal representatives or vicarious agents within the scope of this contract due to slight negligence, the liability of the provider towards the user shall be limited to the amount of the foreseeable damage typical for the contract but maximum the equivalent of a total collected annual platform fee. Otherwise, liability is excluded. 10.5 The aforementioned limitations and exclusions of liability do not affect the seller's claims from product liability. Furthermore, the limitations of liability do not apply to physical injury or damage to health of buyers attributable to the provider. **11. Data protection and confidentiality** 11.1 Cosmofeed collects and uses the personal data of the client only within the framework of the respective applicable legal provisions. The contractual partners shall conclude an agreement for this purpose to the extent required by the respectively applicable provisions. 11.2 Neither of the contracting parties is entitled to transmit confidential information of the other contracting party to third parties without express consent (at least in text form). This applies to buyers with contracts for both free and chargeable use. All information, whether fixed in writing or transmitted orally, which (i) by its nature is considered confidential or secret or (ii) which the contractual partner to whom the information is transmitted must already recognize as confidential or secret due to the external circumstances of the transmission. Confidential information includes in particular product descriptions and specifications as well as prices. Both contractual partners undertake to use confidential information only for contractually agreed purposes. Both contractual partners shall take at least the same precautionary measures as they take with regard to their own confidential information. Such precautionary measures must at least be appropriate to prevent disclosure to unauthorized third parties. In addition, both contractual partners are obliged to prevent the unauthorised disclosure or use of confidential information by their buyers, employees, subcontractors or legal representatives. The contracting parties shall inform each other in writing in the event of misuse of confidential information. Excepted from the above obligation is such information which (i) was already known to the other contracting party before transmission and without an existing non-disclosure agreement, (ii) is transmitted by a third party not subject to a comparable non-disclosure agreement, (iii) is otherwise publicly known, (iv) was developed independently and without use of the Confidential Information, (v) is released for publication in writing or (vi) must be transmitted due to a court or governmental order, provided that the contracting party affected by the transmission is informed in time to be able to initiate legal protection measures. The obligation of confidentiality shall also apply beyond the duration of the contract until twelve months after the effective termination of the contract. **12. Reservations of changes** 12.1 Cosmofeed may change the terms and conditions of this Agreement at any time by posting the changed information and documents at https://cosmofeed.com and by using its reasonable efforts to inform the seller of the change via email, at https://cosmofeed.com or otherwise. Should the seller not wish to continue the use of the Service under the amended Agreement, the seller can terminate this Agreement to end on the date on which the changes would take effect by informing Cosmofeed of the termination before such date. The seller's consent to the amendment of the Agreement shall be deemed to have been given if the seller does not object to the amendment in text form (e.g. letter, fax, e-mail) within a period of two weeks, beginning on the day following the announcement of the amendment. Any other modifications to this Agreement must be made in writing executed by both Parties. 12.2 The Service is based on Cosmofeed software platform and will evolve as the platform gets updated. Cosmofeed shall have the right to change the Service or any part thereof at any time. Cosmofeed shall use reasonable efforts to inform the seller in advance of any material changes that may affect seller’s use of the Service in an adverse way. If the seller does not wish to use the changed Service, the seller may terminate this Agreement in accordance with Section 8. 12.3 Furthermore, Cosmofeed reserves the right to modify the software or to offer deviating functionalities (i) as far as this is necessary to establish the conformity of the services offered by Cosmofeed with the law applicable to these services, in particular if the legal situation changes; (ii) as far as Cosmofeed thereby complies with a court or authority decision addressed to Cosmofeed; (iii) as far as this is necessary to eliminate security gaps of the software; or (iv) as far as this is predominantly advantageous for the seller. 12.4 Cosmofeed is entitled to adjust the prices for the chargeable fees in an appropriate amount to compensate for personnel and other cost increases. Cosmofeed shall notify the seller in text form of these price adjustments and the date of the effectiveness of the price adjustment. The price adjustments shall not apply to the periods for which the seller has already made payments. If the price increase amounts to more than 5% of the previous price, the seller may object to this price increase with a period of two weeks from notification. A change in the price resulting from a change in the scope of features or the number of projects to be managed shall not be deemed a price adjustment within the meaning of this Section 12.4. 12.5 Changes to these general terms and conditions must be made in text form. This also applies to the cancellation of the text form itself. **13. Final provisions** 13.1 You may not assign this Agreement or any of Your rights and obligations hereunder to any third Party. Cosmofeed may assign this Agreement and any of its rights and obligations under this Agreement to its affiliate or a third party at any time without notice. 13.2 Independent Contractors: Nothing in this Agreement shall be construed as creating a partnership, agency, joint venture or any legal entity between Cosmofeed and You. Cosmofeed is not acting as Your representative or agent with respect to the Service. The relationship between Cosmofeed and You is one of independent contractors. For the avoidance of any doubt, You may not make any commitments on behalf of Cosmofeed. 13.3 Reference - Cosmofeed may use general information (such as the name and/or logo) related to You and the Website in its marketing of the Service pursuant to good business practices. You may present Yourself in the Website and in public as a user of the Service pursuant to good business practises and reasonable guidelines submitted by Cosmofeed from time to time. 13.4 If individual provisions of the Agreement have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. If the provisions have not become part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions. 13.5 The contractual relationship existing between the contracting parties shall be governed exclusively by the law of the Indian state. Exclusive place of jurisdiction for all disputes arising from and/or in connection with this contractual relationship between Cosmofeed and the seller shall be the place of business of Cosmofeed, as far as legally permissible. 13.6 For the conclusion of the contract, the languages in which these Agreements are available on the website of Cosmofeed are available to the client. **14. Governing Law** These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and under the jurisdiction of Karnataka, India. **15. Changed to terms of services** You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. **16. Beta Features:** Beta Features means those features or Services, within the application or on any of the Cosmofeed's platform, that are still in the development stages and not the final version. During this phase, the feature might go through numerous changes and updates. Beta features on the app are generally identified with a BETA tag. Below are the terms and conditions for such BETA features: 1. You acknowledge and agree that all use of any Beta Feature is at your sole risk. 2. You agree that once you use a Beta Feature, Your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature.Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. **17. Force Majeure** If performance of any service or obligations under the terms and conditions of this Agreement or any other terms of any policies framed by the Company and agreed by the user is prevented, restricted or not fulfilled on account of a Force Majeure event which includes but is not limited to sabotage, fire, flood, earthquakes, explosions, strikes, acts of gods, industrial actions of any kinds, riots, insurrection of war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided it is beyond our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity, then in such events we or such associated third-parties shall be exused to the extent of and during the period of such event. **18. Contact Information** Questions about the Terms of Service should be sent to us at support@cosmofeed.com